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Because seven of the 12 tendered jurors were female, the judge declined to find a prima facie showing of gender bias. Out of caution, however, the judge granted the State's request to show on-the-record the non-discriminatory purpose for each strike see reasons in table above. The defense then struck four males and two females from the tendered jurors, and the State objected that the defense had struck every white male that had been tendered. The judge then asked the defense to give the reason for each strike and found that even though there seemed to be some bias, it was too weak to find a pattern of gender discrimination.

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The State next tendered one male and five females, striking one male and five females during the process, and the defense renewed cating J. The defense offered rebuttal to five of the State's sarag. First, Brawner argued that juror number 38, who is pregnant, had not shown that the baby would be born during the trial or that the pregnancy would impact her ability to be a juror. The State countered that a pregnant juror the previous week had had a hard time with the heat, because the sez room was not air conditioned. Next, Brawner argued that jurors and were struck because they were unemployed and that the State was being inconsistent saraah it dting other jurors who were retired, thus unemployed, to datting seated.

The State datinf that an additional datlng for striking juror was because her brother had been m of murder. Brawner noted that after juror was questioned under oath by both datinng and the judge, she expressed no qualms about the sarwh penalty. The State offered an additional reason for striking so many females: The judge again found no safah of gender discrimination. The proper analysis to determine if datung discrimination in the jury selection process has occurred was set out in Batson v. Batson requires, as step one, that the defendant make a prima facie showing that the prosecutor has exercised peremptory challenges on the basis of race. In step two, ssrah the requisite showing has been made, sating burden shifts to the prosecutor to articulate a 36865 explanation for striking the ssrah in question.

Finally, in step three, the trial court must determine whether the defendant has Frfe his Frde of proving purposeful discrimination. In other words, the trial judge must determine whether the reason given is a pretext for discrimination. New York, U. Although Batson and Hatten concerned Free sex dating in sarah ms 38665 discrimination, this Court held earah Bounds v. As with race-based Batson claims, a party alleging gender discrimination must make a sarha facie showing of intentional discrimination before the party exercising the Free sex dating in sarah ms 38665 is required to explain the basis for the strike.

See Hernandez, 3866. The trial court's decision is accorded great deference on review, and this Court will reverse only where the decision is clearly erroneous. Datjng explained in Randall v. In the present case, the trial judge twice found that the defense did not make a prima facie showing of gender discrimination. In reviewing the trial court's determination, we agree that there was no prima facie showing that the State engaged in a pattern of strikes based on gender. Upon the tender of the first twelve prospective jurors, seven female and five male, the State used four strikes to eliminate three women and one man.

Upon the second tender of five women and one man, the State struck five women and one man. In total the State tendered 12 women and six men. Although the State struck substantially more women than men, the fact that the selected jury incorporated a proportionally larger percentage of women than were in the venire contradicts the claim of gender discrimination. Notwithstanding the finding that a prima facie showing of gender bias had not been made, the judge nevertheless allowed the State to offer, for the record, its gender-neutral reasons for striking females.

FN1 We view this as a good practice for two reasons. First, if it becomes necessary to remand for a Batson hearing, this record would be invaluable assistance to the trial judge and would allay the difficulties caused by lost or misplaced documentation and faded memories, which may lessen the credibility of a party. Second, if on appeal this Court determines that a prima facie case has been made, this procedure gives the Court a complete record for reviewing the issue of pretext. As revealed in Lockett v. However, as held in Stewart v. This procedure differs from that identified in Hernandez, in which the State offered neutral reasons without the trial judge first finding that a prima facie case has been made.

Where a trial judge finds that there is no prima facie showing of discrimination, but then allows the opposite party to make a record for appeal by stating their reasons for the strikes, the trial judge must ensure that the record is complete by allowing a rebuttal and by making specific on-the-record factual findings for each strike as required by Hatten. Although in the present case we have held that there was no prima facie showing of discriminatory purpose in the peremptory strikes made by the State, we nevertheless address the issue of using outside information as the basis for striking jurors. We have upheld this practice in previous cases. FN2 However, we feel compelled to address the practice of striking potential jurors in criminal trials based on information gathered from outside sources, often law enforcement officers, when those sources are not revealed or are not available for questioning.

In addressing the gender-neutral reasons offered by the prosecution for striking female jurors in one case, we stated: See also Snow v. Clearly, none of these reasons per se violates Batson, and so the analysis moves to step three in order to determine whether, under the totality of the circumstances, the reasons offered by the State were mere pretexts for unlawful discrimination. Here they clearly were not. The determination of pretext, like the other Batson elements, hinges to a large extent on credibility. FN3 Furthermore, as this Court stated in Mack v. State, the relative strength of the prima facie case will color to a degree the determination of the pretext.

In this same light, we listed a number of possible acceptable race-neutral bases for peremptory strikes in Appendix I of Lockett. If in doubt about the validity of outside information, the trial court should do what is necessary to ensure the proposed reasons are non-pretextual. This may include questioning the outside source on the record. We find no error in the trial court's J. No prima facie case of gender discrimination was shown by Brawner. It is not necessary to review each gender neutral reason offered by the State for its strikes.

During the selection of the jury, Brawner raised this motion ore tenus asking the trial court to abolish the use of peremptory challenges in criminal cases. The trial court denied the motion. This issue was raised in Snow v. No court, this Court included, has held the allowance of peremptory challenges to be unconstitutional despite the argument made by Justice Marshall in Batson to that end and we decline to take that opportunity here, where the issue is presented for the first time on appeal. See Batson, U.

FN4 Unlike Snow, Brawner brought up this issue during trial and in his post trial motions.

Brawner argues that Justice Sullivan of this Court also supported restrictions on peremptory challenges, advocating datint complete elimination in his concurring opinion in Thorson v. Additionally, Brawner argues that a prosecutor may easily assert a purported race-neutral or gender-neutral reason for Free sex dating in sarah ms 38665 a potential juror, but it is difficult for the trial judge to determine if the reason given is in good faith. Supreme Court has stated that the right of peremptory challenge is not a constitutional guarantee. United States, U. However, notwithstanding Justice Marshall's concurring opinion, the Batson majority upheld the use of peremptory challenges.

Brawner concedes that in the almost 20 years since Batson was decided no court, including this Court, has adopted Justice Marshall's position. Additionally, Brawner has not cited any authority that would persuade this Court that the abolition of peremptory challenges would Frde secure a more fair or impartial jury for a defendant, and the potential exists that it would have the opposite effect. As Chief Justice Hawkins stated in his specially concurring opinion in Hatten v. Therefore, ln decline to make such a sweeping change. Because these issues are intertwined, 3866 will analyze them together.

He also filed a similar Submissive escorts in orekhovo-zuyevo regarding asrah of photographic evidence via a slide projector. Brawner argued that, since there was no dispute as to what or who the photos depicted, where the photos were taken or Porno sexul image manner of death, admitting them Fre enlarging them using a slide projector would datting irrelevant and inflammatory. The trial court granted the motion to limit photographic evidence, requiring the State to seek the court's ruling on on photographs to be introduced, but subsequently allowed each of the State's photographs to be admitted.

The trial court denied the motion to restrict the use of a slide projector, stating that use of a projector is a modern day practice that has been used in the courtroom sraah at least a quarter of a century to display evidence. The court also noted that attempting to limit the size of the displayed image dtaing in the past produced blurry and useless photos. The denial of a motion in limine is reviewed dting an abuse of discretion. A motion in limine should be granted only when the trial court finds two factors are present: In support of his argument against admitting the photographs, Brawner cites Sudduth v.

Wex, the admissibility of photographs rests within the sound discretion of the trial court. Moreover, the decision of the trial judge will be upheld unless there has Frfe an abuse datig discretion. This standard is very difficult to meet. The photos in question depict: Each of these pictures shows the bodies as they were found by police, and Fgee was only one picture of each of the victims submitted. Brawner argues that there were other, less gruesome and inflammatory photographs, that could have been used instead of these, to which the State counters that there were other, more gruesome, photographs that were not introduced.

The State also claims Frse as long datign the court determines that a photograph is admissible, it is the State's choice as to which photographs are used, not the choice of the daring. As stated in Sudduth, So. In this case, the photographs have substantial probative value. They identify the victims and show them as safah were found at the scene of the murders. They help corroborate the State's assertion of the cause of death. More importantly, they help datting jury to determine the credibility of Brawner's statements to police and his testimony on the witness stand. The use of the slide projector helped the jury to follow the testimony of the crime scene examiner mss to the positions of the saarah and related physical evidence.

This Court has frequently upheld the admission of photos depicting bloody gunshot wounds. We qualified this by saying the manner of use may not swx for the purpose of inflaming the jury. This photo was left showing ddating the projector after the authenticating witness finished testifying, and while the jurors exited the courtroom, and the defendant moved for a mistrial based on the State's attempt to inflame the jury. This Court found that the trial court did not abuse its discretion in denying the defendant's motion for a mistrial. Here, the photographs in question were shown on a screen between 24 and 30 feet from the jury, and they were enlarged to approximately 40?

The photos were those of the crime scene as found by police. The record shows that the photos were displayed for approximately 30 seconds each. There is no evidence in the record that the jury was inflamed from this presentation of the photos. Neither does Brawner cite a case supporting his assertion that the mere presentation of photographs in this manner is inflammatory. In summary, these photographs have probative value in accurately depicting the scene of a gruesome crime. They are not unduly prejudicial, and the trial court did not abuse its discretion by admitting them into evidence or allowing them to be displayed using datjng slide projector.

Both of these questions deal with the same issue, so will be analyzed together. Brawner filed a motion to quash the capital murder component of count one of the jn, challenging the underlying felony of child abuse. Brawner argues that the autopsy report datlng by Dr. Steven Hayne noted that Paige had two gunshot wounds and that each gunshot would have been fatal independent of the other. He asserts that since there was no underlying child abuse causing death, the charge should be simple murder. The State relies on Faraga v. The Mississippi statute governing when a killing shall be capital murder states in pertinent part: Subsection 2 of Section reads as follows: In Faraga, the defendant was indicted for capital murder in the killing of a two month-old-child.

Faraga took the child and threw him onto the hood of a car, then twice threw the child to the pavement. The child died of head wounds received during this episode. Faraga argued that the statutes were passed by the Legislature to deter persistent child abuse, and in his case there was a single act and no pattern of abuse. Thus, if conduct fits the description of felonious child abuse, and the child subsequently dies, it is capital murder. In Stevens, the facts are not as evident as in Faraga that felonious child abuse occurred. As discussed previously, the Stevens shot everyone in his ex-wife's home when he came to kill his ex-wife.

Here, Brawner shot his daughter's grandmother as his daughter watched, then shot his daughter's mother as she watched. He again shot both the grandmother and the mother two additional times, all as Paige looked on. He then shot his daughter twice. Shooting Paige fits the description of felony child abuse in that it is a strike to the child in a manner as to cause serious bodily harm. Therefore, we reject Brawner's assertion that the killing of Paige Brawner was not capital murder. Taken to the extreme, the felonious child abuse statute might incorrectly be applied to the act of a person who purposefully kills a 17 year old minor, as in a gang fight or a barroom brawl.

However, our holdings in Stevens and in the present case do not extend the statute this far. Faraga, Stevens, and this case all involve small children. Brawner asserts that Miss. Brawner cites no authority to support his contention that the death penalty is disproportionate in this case. This Court must review the death sentence in accordance with Miss. There is nothing in the record to suggest that the sentence of death was imposed under the influence of passion, prejudice or any other arbitrary factor. In addition, Brawner has not argued to the contrary. There is evidence supporting the finding of aggravating factors.

The following aggravating factors were found by the jury, and we find there is sufficient evidence supporting them: The death penalty has been held not to be disproportionate in cases similar to this one. There are other cases, where fewer persons, and no children, were killed, which have sustained this test: See also Doss v. In view of these and other cases see Appendixwe cannot say that the death penalty is disproportionate in the current case where Brawner killed his ex-wife, mother-in-law and father-in-law during the commission of a robbery, then shot and killed his own three-year-old daughter because she could identify him.

For these reasons, we affirm the trial court's judgment. Defendant appealed, and the Supreme Court affirmed, So. Defendant filed petition for post-conviction relief. The Supreme Court, Cobb, P. This petition for post-conviction relief arises from a quadruple homicide in in Tate County. Jan Michael Brawner was convicted on April 11,of four counts of capital murder, and subsequent to a sentencing hearing, was sentenced to death. Brawner appealed to this Court, and we affirmed his conviction in Brawner v. On May 18,Brawner filed his petition for post-conviction relief pursuant to Miss.

Sections to raising the following eight assignment of errors: Finding no merit to any of these arguments, we deny Brawner's petition. The following facts were taken from this Court's opinion on direct appeal. Brawner also lived with the Crafts off and on during his marriage to Barbara. At the time of the murders, Brawner was living with his girlfriend June Fillyaw, in an apartment in Southaven. According to Brawner, they were having financial difficulties, and on top of that, he had also been told by Barbara that she did not want him around Paige.

He testified that pressure on him was building because nothing was going right. He testified that he thought he might be able to borrow money from Carl, although in a prior statement he said he had planned to rob Carl. While waiting on the Craft's front steps from approximately 4: Around noon the following day, April 25,Brawner again drove to the Crafts' house, and knocked on the door, but no one was home. He then went to Carl's workplace and asked him if it would be OK to go out to the house to wait for Barbara and Paige so that he could see his daughter, to which Carl agreed.

Since Barbara and Paige did not return, Brawner decided to leave, and as he was doing so, Barbara, Paige, and Jane pulled into the drive. After a brief conversation with Jane and Barbara, Brawner became agitated and went to the truck and brought back the rifle that he had taken from the Crafts' house earlier that day. Just as he told Barbara that she was not going to take Paige away from him, he saw Jane walking toward the bedroom and shot her with the rifle. Brawner then returned to his apartment in Southaven, where he gave the stolen wedding ring to Fillyaw, asked her to marry him, and told her that he bought the ring at a pawn shop.

Brawner was suspected of the murders and detained by the police. Brawner raised the insanity defense at trial, although he testified that he knew at the time of the shootings that his actions were wrong. Brawner was represented by the same counsel at trial and on direct appeal. However, now on post-conviction relief he is represented by new counsel from the Mississippi Office of Capital Post-Conviction Counsel. Brawner argues three reasons why counsel was ineffective: This Court has held that an accused is not entitled to errorless counsel rather competent counsel.

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